The North Carolina rental agreements are contracts between a landlord (or owner) overseeing a real property and the tenant who wishes to use it. The tenant makes regular payments (“rent”) in exchange. Terms are set via the rental agreements, but they must comply with North Carolina’s landlord-tenant laws.
The North Carolina residential lease agreement (“rental agreement”) outlines the conditions agreed upon by a landlord and tenant for the residential use of real estate. The contract will include the length of the agreement (”term”), the payment amount (”rent”), as well as the obligations of the tenant while leasing the property. Create…
The North Carolina month-to-month rental agreement is a written document that allows a tenant to rent property from a landlord, in exchange for a fee, for a period of thirty (30) days. This document has no end date but enables either party to alter or terminate the agreement monthly. Fixed-term leases are…
The North Carolina rental application form is a standardized document that is in compliance with the Federal Fair Housing Act. It allows a landlord to screen tenants and choose the best person to rent or lease a property. This form gives landlords access to criminal, credit, and other background information. A rental…
The North Carolina sublease agreement is a contract between a tenant (“sublessor”) and a new tenant (“sublessee”). The sublessee gains access to all or part of a rental property in exchange for recurring payments. The sublessor must obtain permission from the landlord in order to sublet the property. Subletting Laws in North…
The North Carolina roommate agreement (“room rental agreement”) is a binding legal contract between multiple tenants sharing a rental property. This document describes the financial expectations of each co-tenant, as well as various terms and conditions associated with shared space. All co-tenants must sign the contract. In the state of North Carolina,…
The North Carolina commercial lease agreement is a contract used specifically for renting commercial spaces to businesses and other commercial entities. This document establishes the terms and conditions associated with renting office, retail, or industrial space, as well as outlining the relationship between the landlord and tenant. North Carolina Commercial Landlord/Tenant Laws…
North Carolina Required Lease Disclosures
- Late Fee Disclosure (required for some) – Any late fees that are going to be imposed in a North Carolina lease agreement must be disclosed in the lease to be enforced in court (if challenged), and may not exceed $15 or 5% of the balance due (whichever is greater), or $4 and 5% of the balance (whichever is greater).
- Lead Based Paint Disclosure (required for some) – North Carolina requires landlords to include a lead based paint disclosure alongside an EPA-approved informational pamphlet and notice of any existing lead based paint in the rental property if it was built before 1978 and therefore is at risk of containing harmful lead based paints that pose a threat to new tenants.
To learn more about required disclosures in North Carolina, click here.
North Carolina Landlord Tenant Laws
- Warranty of Habitability – In North Carolina, a landlord must reliably provide safe electric features, running water, indoor heating, a toilet, sanitary facilities, and more to all tenants. They must also provide repairs upon request in accordance with guidelines set forth in a lease. If these requirements are not met, a tenant has a limited ability to withhold rent.
- Evictions – Evictions for non-payment of rent in North Carolina always necessitate a 10-day notice. However, notice requirements for lease violations and illegal acts are mostly up to the landlord’s discretion. As such, some evictions in this state may be immediate.
- Security Deposits – North Carolina places different security deposit limits for week-to week (2 weeks’ rent), month-to-month (1 ½ months’ rent), and longer leases (2 months’ rent). Security deposits of any amount must be re-dispersed by a landlord here within 30 days of lease termination, in any case.
- Lease Termination – North Carolina maintains different termination notification standards for periodic leases. These amount to 2 days for week-to-week leases, 7 days for month-to-month leases, and 1 month for yearly leases. A fixed-term lease may also be terminated on the grounds of active military duty, landlord harassments, unit uninhabitability, or domestic violence.
- Rent Increases & Fees – North Carolina landlords are fully free to raise rent prices as they see fit without providing notice or justification. Their ability to charge certain fees depends on the applicable lease’s length, though. Month-to-month late rent fees cannot be worth more than 5% of the missing payment, for example. Bounced check fees also cannot exceed $25.
- Landlord Entry – North Carolina landlords may enter a unit whenever they wish due to a lack of state regulation. Only a lease agreement can limit this right, including in cases of emergency. Emergencies typically allow for permission-less entry, though.
- Settling Legal Disputes – North Carolina’s small claims court will hear most any landlord-tenant dispute valued at up to $10,000. This includes eviction cases.
To learn more about landlord tenant laws in North Carolina, click here.